Soden v. Bennett’s Empirical Analysis

Citation profile

2 federal appellate · 9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . In the instant case, whatever his rights under the provisions of such section of the statute may have been, appellant engaged to erect and maintain at all times during the progress or temporary suspension of the work, suitable barricades, fences, signs, or other adequate protection and to provide, keep, and maintain such danger lights, signals, and watchmen as might be necessary to insure the safety of the public. He agreed that his responsibility for the maintaining of barricades and light should cease only when released in writing by the engineer. He stipulated that failure of the engineer to notify him to maintain barriers, lights or a watchman should not operate to relieve him from that responsibility. And last but not least he contracted not only to assume all risks and liabilities for accidents and damages that might occur to persons or property during the prosecution of the work by reason of the negligence or carelessness of himself, his agents and his employees but also to assume all direct or indirect damage that might be suffered or claimed on account of any such construction or improvement during the time thereof and until the highway was accepted. Assuming, without deciding, the foregoing obligations and liabilities were more than would have been required of him under the provisions of 68-121, supra, he had the right to incur them and, having done so, he cannot now be heard to say his liability for negligence under the contract ceased until he had been disc”

   1 later decision quote this exact passage · from the majority
   e.g. 152 Cal. App. 2d 780 - Breslin v. Fredrickson

2. “"Once it is determined appellant's liability under the contract did not cease until the job in question was accepted by the board of county commissioners we have little difficulty, after reviewing the facts of the record to which we have heretofore referred, in determining that the trial court did not err in overruling appellant's [contractor] demurrer to the evidence or his motion for a directed verdict. * * *." 173 Kan. at 150 , 242 P.2d at 1211.”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Coats

3. “The contractor's responsibilities for the maintenance of barricades and lights on any individual item of work included in the contract shall cease only when released in writing by the engineer.”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Coats